STATE OF NEW YORK ________________________________________________________________________ 1905 2025-2026 Regular Sessions IN SENATE January 14, 2025 ___________ Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to making menac- ing and stalking qualifying offenses for the purposes of bail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (x) and (xi) of paragraph (b) of subdivision 2 1 of section 150.20 of the criminal procedure law, as added by section 1 3 of subpart B of part UU of chapter 56 of the laws of 2022, are amended 4 and two new subparagraphs (xii) and (xiii) are added to read as follows: 5 (x) the person is eighteen years of age or older and charged with a 6 hate crime as defined in section 485.05 of the penal law; [or] 7 (xi) the offense is a qualifying offense pursuant to paragraph (t) of 8 subdivision four of section 510.10 of this chapter, or pursuant to para- 9 graph (t) of subdivision four of section 530.40 of this chapter[.]; 10 (xii) the offense is a qualifying offense pursuant to paragraph (v) of 11 subdivision four of section 510.10 of this chapter, or pursuant to para- 12 graph (v) of subdivision four of section 530.40 of this chapter; or 13 (xiii) the offense is a qualifying offense pursuant to paragraph (w) 14 of subdivision four of section 510.10 of this chapter, or pursuant to 15 paragraph (w) of subdivision four of section 530.40 of this chapter. 16 § 2. Paragraph (h) of subdivision 4 of section 510.10 of the criminal 17 procedure law, as amended by section 2 of part UU of chapter 56 of the 18 laws of 2020, is amended to read as follows: 19 (h) criminal contempt in the second degree as defined in subdivision 20 three of section 215.50 of the penal law, criminal contempt in the first 21 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 22 the penal law or aggravated criminal contempt as defined in section 23 215.52 of the penal law, and the underlying allegation of such charge of 24 criminal contempt in the second degree, criminal contempt in the first 25 degree or aggravated criminal contempt is that the defendant violated a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04898-01-5
S. 1905 2 1 duly served order of protection where the protected party is a member of 2 the defendant's same family or household as defined in subdivision one 3 of section 530.11 of this title, or such protected party is the victim 4 of an alleged crime involving menacing or stalking; 5 § 3. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 6 criminal procedure law, paragraph (t) as amended and paragraph (u) as 7 added by section 2 of subpart B of part UU of chapter 56 of the laws of 8 2022, are amended and two new paragraphs (v) and (w) are added to read 9 as follows: 10 (t) any felony or class A misdemeanor involving harm to an identifi- 11 able person or property, or any charge of criminal possession of a 12 firearm as defined in section 265.01-b of the penal law, where such 13 charge arose from conduct occurring while the defendant was released on 14 [his or her] such defendant's own recognizance, released under condi- 15 tions, or had yet to be arraigned after the issuance of a desk appear- 16 ance ticket for a separate felony or class A misdemeanor involving harm 17 to an identifiable person or property, or any charge of criminal 18 possession of a firearm as defined in section 265.01-b of the penal law, 19 provided, however, that the prosecutor must show reasonable cause to 20 believe that the defendant committed the instant crime and any underly- 21 ing crime. For the purposes of this subparagraph, any of the underlying 22 crimes need not be a qualifying offense as defined in this subdivision. 23 For the purposes of this paragraph, "harm to an identifiable person or 24 property" shall include but not be limited to theft of or damage to 25 property. However, based upon a review of the facts alleged in the accu- 26 satory instrument, if the court determines that such theft is negligible 27 and does not appear to be in furtherance of other criminal activity, the 28 principal shall be released on [his or her] such principal's own recog- 29 nizance or under appropriate non-monetary conditions; [or] 30 (u) criminal possession of a weapon in the third degree as defined in 31 subdivision three of section 265.02 of the penal law or criminal sale of 32 a firearm to a minor as defined in section 265.16 of the penal law[.]; 33 (v) a crime involving menacing under section 120.13, 120.14 or 120.15 34 of the penal law; or 35 (w) a crime involving stalking under section 120.45, 120.50, 120.55 or 36 120.60 of the penal law. 37 § 4. Paragraph (h) of subdivision 4 of section 530.40 of the criminal 38 procedure law, as amended by section 4 of part UU of chapter 56 of the 39 laws of 2020, is amended to read as follows: 40 (h) criminal contempt in the second degree as defined in subdivision 41 three of section 215.50 of the penal law, criminal contempt in the first 42 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 43 the penal law or aggravated criminal contempt as defined in section 44 215.52 of the penal law, and the underlying allegation of such charge of 45 criminal contempt in the second degree, criminal contempt in the first 46 degree or aggravated criminal contempt is that the defendant violated a 47 duly served order of protection where the protected party is a member of 48 the defendant's same family or household as defined in subdivision one 49 of section 530.11 of this article, or such protected party is the victim 50 of an alleged crime involving menacing or stalking; 51 § 5. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 52 criminal procedure law, paragraph (t) as amended and paragraph (u) as 53 added by section 4 of subpart B of part UU of chapter 56 of the laws of 54 2022, are amended and two new paragraphs (v) and (w) are added to read 55 as follows:
S. 1905 3 1 (t) any felony or class A misdemeanor involving harm to an identifi- 2 able person or property, or any charge of criminal possession of a 3 firearm as defined in section 265.01-b of the penal law, where such 4 charge arose from conduct occurring while the defendant was released on 5 [his or her] such defendant's own recognizance, released under condi- 6 tions, or had yet to be arraigned after the issuance of a desk appear- 7 ance ticket for a separate felony or class A misdemeanor involving harm 8 to an identifiable person or property, or any charge of criminal 9 possession of a firearm as defined in section 265.01-b of the penal law, 10 provided, however, that the prosecutor must show reasonable cause to 11 believe that the defendant committed the instant crime and any underly- 12 ing crime. For the purposes of this subparagraph, any of the underlying 13 crimes need not be a qualifying offense as defined in this subdivision. 14 For the purposes of this paragraph, "harm to an identifiable person or 15 property" shall include but not be limited to theft of or damage to 16 property. However, based upon a review of the facts alleged in the accu- 17 satory instrument, if the court determines that such theft is negligible 18 and does not appear to be in furtherance of other criminal activity, the 19 principal shall be released on [his or her] such principal's own recog- 20 nizance or under appropriate non-monetary conditions; [or] 21 (u) criminal possession of a weapon in the third degree as defined in 22 subdivision three of section 265.02 of the penal law or criminal sale of 23 a firearm to a minor as defined in section 265.16 of the penal law[.]; 24 (v) a crime involving menacing under section 120.13, 120.14 or 120.15 25 of the penal law; or 26 (w) a crime involving stalking under section 120.45, 120.50, 120.55 or 27 120.60 of the penal law. 28 § 6. This act shall take effect immediately.